Horn Reply To Opsec Position Paper Small File
Horn Reply To Opsec Position Paper Small File
TONY B. HORN,
Complainant,
REPLY
TO RESPONDENTS’ POSITION PAPER
Complainant, through counsel and unto this Honorable Office most respectfully
submits this Reply to Respondents’ Position Paper, thus avers that:
In the Respondents’ Position Paper, they raised the following salient points, thus:
3. The letter dated March 16, 2009 sent by Atty. Mylene Yturralde
Chan, representing to be the lawyer of OPSEC, addressed to the
complainant, copy of which is hereto attached as Annex “D” to form an
integral part hereof. Atty Mylene Yturralde Chan clearly stated in
paragraph 2 of her letter that complainant was an employee of OPSEC.
She further stated in paragraph 3 of her letter that complainant was
separated from OPSEC.
It clearly appears from the initial discussion above that it was OPSEC that
engaged the services of the complainant and the latter was made to
perform his assigned task in OPSEC’s business premises at Sarita St.,
Diamond Subdivision, Angeles City.
It is worthy to note that the respondents did not controvert the fact
that the complainant was required to work at Diamond Subdivision,
Angeles City, though they claim that the principal address of OSEC is at
Unit 1116 City Land Shaw Tower Saint Francis Street corner Shaw
Boulevard, Mandaluyong City. In the instant case, they made it appear that
the premises at Sarita St., Diamond Subdivision is the residence of the
Haynes and/or the place of business of MECO (Page 7, para 1.e.
Respondents’ Position Paper). The respondents have the habit of giving
different addresses. In a criminal complaint filed by Matilde Haynes
against Romeo Velasquez, copy of which is hereto attached as Annex “E”,
she stated that her address is Residencia 8888, Penthouse #4, Pearl Drive,
cor. Amethyst Street, Ortigas Center Pasig City. In the document
submitted in the labor Case filed by Rodolfo Madlangbayan, copy of
which is hereto attached as Annex “F”, they stated that the business
address of MECO is Pasig City (Paragraph 13). Should the matter of
venue be the subject of the whims and caprice of the respondents?
With the letter dated March 16, 2009 sent by Atty. Mylene
Yturralde Chan (Annex “D”) clearly stating therein that complainant was
an employee of OPSEC and was separated there from, it is in fact absurd
for the respondents to state in their position paper that OPSEC, not being
the employer of the complainant, has the power to dismissed the latter. It
is more absurd to say that complainant’s separation was of his own doing.
If it were true that complainant voluntarily terminated his employment,
why would he report back to work on October 25, 2008 after his company
authorized vacation in Jerusalem? Why would they not allow complainant
to enter OPSEC’s premises (Annex “H”)?
The truth is that the money given to complainant were intended and
were entirely used to complete a mission trip that Mr. Hunter Haynes, the
Managing director agreed to fund. Complainant completed the task for
Wildwood Church Ministries which is headed by Norman and Hunter
Haynes. Complainant did in fact receive the funds and upon return sent
receipts to both Norman and Hunter Haynes when the Mission trip was
completed. Incredibly, the Mission trip cost well over the $10,000. Yet
complainant continued to the trip that Mr. Hunter Haynes failed to
continue. Hereto attached as Annex “J” hereof are the documents of
liquidation of the $10,000 funding intended to and spent for the mission
trip project of Wildwood Church Ministries. Complainant agreed to sign
the previously prepared Acknowledgement on the understanding that the
term “Project Participation Contract” stated therein was actually the
Mission Trip to Myanmar and that complainant was made to believe that
the funding for the said project came from MECO. The complainant
cannot think of any project participation with MECO. Thus, he relied on
the representation of the Haynes that the acknowledgement was for the
$10,000 dollars intended for the mission trip to Myanmar and that the
acknowledgement was worded “as full settlement of the promised funding
for the said mission trip to limit the liability of MECO to the said amount.
They further represented that there could be no release of funds unless
complainants signs the acknowledgement, which thus constrained
complainant to affix his signature. It should be noted that there is nothing
in the acknowledgement that states that the $10,000 is intended as
financial assistance to complainant’s family and/or consultancy
agreement.
complainant worked within MECO premises, how could they claim that
he was assigned and designated by MECO to OPSEC. Assignment at
OPSEC would necessarily mean working at OPSEC premises.
Complainant was required to work at Sarita St., Diamond Subdivision,
Angeles City, which is therefore the OPSEC premises. We are likewise in
a quandary on what place is the referred MECO premises. Was it the Pasig
City as stated in their registration papers for the alleged partnership and in
Annex “K” hereof, or in Sarita St., Diamond Subdivision, Angeles City,
which in this case is declared to be the address of the Spouses Norman and
Matilde Haynes and /or MECO premises.
All the elements for the grant of Moral damages are attendant in the instant case.
The complainant’s dismissal was attended by bad faith and fraud. Obviously, the reason
for the complainant’s dismissal was to mum him from asking for the grant of labor
benefits to his co-employees at OPSEC. This is obvious in the letter dated March 16,
2009 of Atty Mylene Yturralde-Chan where she claims that her clients reported to her
that complainant have been unofficially communicating negative information to OPSEC
employees and investors with alleged evident intent of undermining the reputation and
good will of OPSEC. Complainant has been falsely accused of extortion, thievery, lying,
gossiping. This bad faith on the part of the respondents continued even after his
termination from OPSEC to the extent of bringing embarrassment to before his own
congregation as they intentionally sent the Letter dated March 16, 2009 to complainant’s
place of Worship instead of his residence. This letter is now forever in the Church books
and minutes and will serve as an eternal scar upon the complainant’s reputation and
service to God. It is worthy to mention that the respondents had acknowledged the good
standing and reputation of the complainant in the religious community, which they had
now tarnished. More so, bad faith on the part of OPSEC is manifested by the fact that
their intention came to the attention of their close management and staff when even Mr.
5
Jerry Bradford e-mailed the complainant on Sunday, March 29, 2009, copy of the e-mail
Page
is hereto attached as Annex “L” to form an integral part hereof, which states that “I see
Mr. Norman is out to mess you”.
This alone would show that complainant is entitled to his claim for moral
damages. Further, complainant’s claim for Attorney’s fees is not pathetic and absolutely
not abusive.
ALL TOLD, the Labor Laws hold no respect of persons due to race, religion, or
even social standing. Laws are enacted in order to protect society and insure equality with
mankind. The intention of the complainant in filing this case is to receive what is due him
in accordance with the provisions of the Labor Code, and nothing more than that.
In closing, Complainant pleads unto the Honorable Labor Arbiter to take note that
in the respondents Position Paper, they have condemned the complainant for extortion, no
less than four times, a liar, a person who exaggerates in order to deceive others. In the
Bible, God’s Law Book, God tells us in Titus 3:1-2 “Remind them to be subject to rulers,
to authorities, to be obedient, to be ready for every good deed to malign no one, to be
peaceable, gentle, showing every consideration for all men”. In line with this,
complainant has presented only the facts not to degrade anyone and left the judgment in
the hands of those more qualified to lay down a decision between the two parties.
Complainant has spent his life loving the Filipino people and has placed the outcome of
this case in the hands of the Honorable Labor Arbiter. Christ is displayed not only to the
ones that we adore, but to our adversaries as well. May Christ be lifted up!
BY:
SYLVIA Q. ALFONSO-FLORES
IBP No. 731468 (01-05-09)
PTR No. 6350969 (01-05-09)
City of San Fernando, Pampanga
ROLL NO. 35857
MCLE Compliance No. 0002470
Copy Furnished:
7
Page
Business Card Provided By OpSec for
Tony B. Horn
Front Back
Business Card Provided By OpSec for
Hunter Haynes
Back
Front
Work History (Tony B. Horn)
I believe with every clear judgment a person must look at history in order to Judge rightly, therefore
with this in mind I would like to submit my previous work History in comparison to what will be said
about me. It is important to me that others see who I really am instead of hearing accusations hurled
from either side. I encourage you to call the numbers listed and ask each of my employers about me. I
will not hurl insults, I just would like you to compare my work history with the management staff of
OpSec International Group and make a clear decision in view of employment history. I’m thankful to
have been able to be employed by each of my employers and know that I have made a positive impact
on each one.
From the Age of 8 years old to 11 years old - Farming and Odd Jobs
From a very early age I began to work odd jobs in order to help my grandmother and to
have spending money for school supplies. During these early years I would pick up odd jobs
on the farm. These jobs would include:
• Moving Grass
• Cleaning manure out of barn stalls
• Planting various crops
• Bailing hay
• Caring for livestock
• Cutting tobacco and housing it
These Jobs were menial task and would usually render me a few hours of work 4-5 days a
week. My neighbors new that we had a hard life and would often call me for work. During this
time I never missed a day of work when called upon.
*** It’s important to note that I was attending Elementary School and attending to my studies
as well where during these three years I had perfect attendance!
Gordon C Tate
5355 Richmond Rd
Irvine, KY 40336-7271
(606) 723-3497
Country Market (Formerly Gerry’s Cash and Carry and Feed Store)
4650 Richmond Road,
Irvine, KY 40336
(606) 726-0026
At the Age of 11 I was offered a job with a small convenient store. This store supplied
animal feed, Gasoline and groceries to the community. I was initially hired to carry bags of
feed to the customer cars and to pump gas. During my years of employment at Gerry’s
cash and carry I was promoted to cashier and at times the store owner would let me run the
complete operation. My duties included:
• Cashier
• Gasoline Pump attendant
• Butcher
• Feed delivery
During this time, I was also attending School full time and saving money for a car. I was
never written up or scolded for my work performance and was considered by the manage
as an industrious youth. I averaged 35 hours of work per week.
From Age 16 to 18
Priceless Foods (Formerly PIC PAC)
1012 Winchester Road,
Irvine, KY 40336
(606) 723-5338
(606) 723-4572 Fax
At the age of 16, I was legally allowed to work with my grandparents permission, so I
started to Work a part time job at a grocery Store, After a year the store went out of
business and changed locations to a new state. I was never written up or scolded for my
work performance. My duties included:
• Stock Boy
• Grocery Bagger
• Delivery Boy
• Produce Department
(606) 723-5193
(606) 723-8311 Fax
Immediately, the store owner of Food World called me and offered me a job. I began
working the next day after the closing of PIC PAC. I was never written up or scolded for my
work performance. My duties included:
• Stock Boy
• Grocery Bagger
• Delivery Boy
• Produce Department
http://www.airforce.com
(859) 623-1692
After 5 years enlistment (two, of which, are ready reserve) I received an “Honorable Discharge”
during my time in the Army I served as the Assistant to the Chaplain and decided to stop after
fulfilling my enlistment due to the fact that I had began pastoring Galilee Baptist Church in Berea,
Kentucky and was unable to attend drill on Sundays.
The Things that I would like to call to your attention is that during my employment after my military service I began
faithfully attending church and teaching classes. For Seven years I taught Sunday School, up to this point I have
been a pastor for over 9 years I’m happy to say that for over 16 years I have missed only 6 Church Services in my
local Church. It is also important to note that I did this while working a full time job and many weeks working 60 hours
per week. I have always been one who has prided himself in being the example and this is proven throughout my
work history.
For over 33 years I have been working and have never had a bad work record. Never been written up, never
been reprimanded for my work performance and never been fired from a job until I was dismissed from my
employment from OpSec International Group Inc.
OPSSEC Reequesst for Fund
ds Pro
ocess
Receivving of FFunds Reequest
The requuest is then Adminisstrative
placed o
on the Officer then
Managin ng Directors recieves the
Desk forr verification
n funds frrom the
Requeest form and authhority to Managing
from the release ffunds. Director and
emplo oyee and
pays ouut nearest
givenn to The
to the total
Admin nistrative
• Mr. Hunter requestt.
Seccretary
Hayn nes OpSec
Mannaging • Mrr. Tony
•Misss. Michelle Deel Director Signs Horn upon
Prad
do enters the the rrequest and reccieving the
amoount requesteed in gives the monies reqquest and
the d
daily report. to M
Mr. Horn the Mo onies scans
Admministrative thee request
Officcer andd with the
Maanaging
Dirrectors
Approved
Signiture and
em
mails the
Traansaction
to Mr.
Norman
Hayynes!
1
Page
Completion off Funds Requestt
At th he end of eaach
bussiness day Thhe
Addministrativee
Mr. Horn will then Secretary emails A
email the daaily report off
The EEmployee brings completion the Traansactions too
back tthe reciepts and Botth Mr. Hunteer Botth Mr. Hunteer
hange back to the
any ch Haynes and Mr. Haynes and Mr.
Addministrativee Noorman Hanes Norman Haynees
Secretary Along with the e for verification of
rrequest and the days financial
reciept activity
• If any eexcess of
monie es, Miss
Delpraado will
then aadd the • Mr Horrn • The Transact
T tion
changee to the Verifies tthe is now Verif
i ied
daily report Change given By 5 Differeent
seal thee money and notifiees the sources
in an envelope manageme ent of • Employeee
and retturn it to the completion who
Mr. HHorn. of transacction. complteteed
transactioon
• Administraativ
e Secretary
• Managin ng
Directorr
• Administraativ
e Officer
• Financier of
Opsec
With this process, a Ch heck and balance system h has been impllemented to iinsure that eaach step must
be verified by each ressponsible heaad at least two o times per fo
orm transactiion, plus at thhe end of each
day each member got a daily reportt. Thus amounting to one (1) single tran nsaction bein
ng under
scrutiny aand observatio on a minimum m of thirteen (13) times byy five (5) officce staff memb bers. This is
called a “DDefense in Deepth” processs to check thee accuracy of each transacction and to in nsure the
honesty o of all involved
d. It is also to insure that aall members o of the processs are held ressponsible for
the financcial transactio
on and that sh hould there b be a discrepanncy it could be caught imm mediately
rather thaan later in tim
me. The monie es for a singlee transaction could touch aas many as elleven (11)
people beefore the tran nsaction is com mplete as seeen in the folloowing true to life scenario.
• Th
he Financier ggives the fund
ds to the man naging directo
or (1)
•
2
Th
he Managing Director givees the funds tto the Adminiistrative Officcer(2)
•
Page
Th
he Administraative Officer ggives the fund
ds to the Adm
ministrative Secretary (3)
• The Administrative Secretary Give the Funds to the Operations Officer (4)
• The Operation Officer gives the funds to the Site Supervisor (5)
• The Site Supervisor pays for the materials needed and the merchandiser give him back
change (6)
• The site supervisor takes the excess change back to the Operations Officer (7)
• The Operations Officer returns the excess change to the Administrative Secretary (8)
• The Administrative Secretary returns the excess change to the Administrative Officer (9)
• The Administrative Officer returns the excess change to the Managing Director (10)
• The Managing Director returns the excess change to the Financier (11)
As you can see in this true to life scenario on one single transaction the monies have changed hands
eleven (11) times, with the with the Administrative Officer, Mr. Horn, touching the money only
twice which would be less than 18% of the time.
Another important thing to note is that the Receipts are then forwarded to the Accounting office
and the Accounting Office makes a weekly report of the finance transactions and gives it to the
Financier who them compares the weekly Accounting report with the daily transaction report given
by the administrative office. Thus a new step of Check and balance system starts within the
accounting office to check the accuracy of the report given to them which could be viewed by as
many as nine (9) office staff members. Resulting in an astounding twenty five (25) checks of each
single transaction, if you multiply that by the average number of transactions, forty five (45) per day
submitted to the administrative office at OPSEC it would amount to the 1000+‐ different transaction
views in a single day of business transactions from some 25 different people. I highly doubt that one
person could control all of that.
3
Page
OpSec Fund Tracking Submitted By Email (Michelle DelPrado)
2/1/2008 through 8/22/2008
4/2/2009 Page 1
Date Description Memo Category Amount
November 2008
PRAYER REQUEST
Grandma’s Ministry
Turning Point College Ministry
Wildwood Ministries is grateful to be a In our efforts to reach all age groups, through these efforts we will be able to
part of Grandma’s Ministry. This minis- we felt it necessary to reach out to the conduct seminars with a psychological
try was where many of the Road to college campus. With the help of and spiritual impact. Wildwood
Heaven Crusades began. Through the Brother Nick Alayon, we have started a Church Ministries and Turing point
efforts of Grandma Dorothy and others college ministry program, Turning Point have already been able to conduct One
who continually support her efforts, Ministries. We currently have an office seminar within a college campus for the
there has been many who have come to in a prime location, across from Holy faculty and staff in hopes that we will be
know Jesus Christ as their personal Sav- Angel University, and man the office six able to help guide the next leaders of
ior. The ultimate goal of this work is to days a week. Students are able to our country.
provide the basic necessities for those come here for weekly bible studies, for
within our community in hopes that they English lesson, guitar lessons, piano
will look to their ultimate need of salva- lessons as well as biblical counseling.
tion. Through Grandma’s selfless giving, Brother Nick is a licensed guidance CAMPUS
TURNING POINT
others can see Christ’s love. TO GOD counselor and is currently working MINISTRY
Page 2
“ R E A C H I N G O U T FO R A R I SE N SA V I O R ”
Page 3
The Conference in Yangon on January 21‐23, 2009 ‐‐‐‐‐‐ $2,740.00
Pastor Scott's Round trip ticket from States ‐‐‐‐‐‐‐‐‐‐‐ $1,619.75
Pastor Scott's Round trip ticket to Myanmar ‐‐‐‐‐‐‐‐‐‐‐ $947.00
Total ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐------‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ $ 9,096.75
Flight Details
Flight Duration : 4hr 45min Layover Time : 4hr 55min Total Trip Time: 9hr 40min
Flight Duration : 4hr 40min Layover Time : 10hr 35min Total Trip Time: 15hr 15min
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Trip Details
Monday, January 12
Connection in Memphis, TN
11:00pm
Plane Change Enroute To: Manila, Philippines Economy Class
(+1)
Sunday, February 1
Connection in Memphis, TN
Northwest #2731 From: Memphis, TN 7:40pm Non-Stop
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TOTAL $1619.75
Those pictures are pretty amazing big daddy, Take care